Finian McGrath (Dublin North Central, Independent)
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Question 226: To ask the Tánaiste and Minister for Health and Children if a person (details supplied) in Dublin 9 is entitled to claim following the recent Supreme Court judgment on nursing home charges; and if she will give the maximum support and advice on this matter. [10339/05]

Seán Power (Kildare South, Fianna Fail)
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My Department is studying the Supreme Court judgment in detail and will take on board all the consequences for policy and law arising from the judgment. A special Cabinet sub-committee comprising the Taoiseach, the Minister for Finance, the Attorney General and the Tánaiste has been established to consider the issue of repayment in light of the judgment. Persons who were in publicly contracted beds in private nursing homes are covered by the terms of the Supreme Court judgment.

The Health (Nursing Homes) Act 1990 regulates the private nursing home sector. Under the nursing home subvention regulations the HSE is empowered to make a financial contribution to an individual towards the cost of his or her private nursing home care provided they qualify on means and dependency grounds. In the case of private nursing home care the contract of care is between the individual and the private nursing home owner.

The provisions of the Supreme Court judgment do not apply to individuals in private nursing homes who have entered these homes under the nursing home subvention scheme. My Department has recently received counsel's advice on the Health (Nursing Homes) Act 1990 and the regulations made thereunder, which is privileged and is being examined in consultation with the Attorney General's office.